- Case number
- (T)CMA(PT) No.57 of 2023
- Court
- Madras High Court
- Date of judgment
- Outcome
- Remanded
Headnote
Refusal of a markush claim to IAP inhibitors under sections 2(1)(ja) and 3(d) set aside. The Court held the Controller's finding that nobody skilled in the field would have any motivation to select the claimed moiety from the innumerable possibilities listed in the prior art was farfetched: the Controller is not required to predict whether a skilled person would ever select a particular moiety, only to examine whether the claims are patentable.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.